Protecting Air Service Act (S.C. 2012, c. 2)

Marginal note:Suspension of right to declare strike or lockout

19. If, before the coming into force of this Act, the employer has not declared or caused a lockout and the union has not declared or authorized a strike, on the coming into force of this Act the employer’s right to declare or cause a lockout and the union’s right to declare or authorize a strike are suspended until the day on which the collective agreement, as extended by subsection 24(1), expires.

Marginal note:Application of sections 21 to 23

20. Sections 21 to 23 apply if, before the coming into force of this Act, the employer has declared or caused a lockout or the union has declared or authorized a strike.

Marginal note:Continuation or resumption of air service operations

21. On the coming into force of this Act,

• (a) the employer must continue, or resume without delay, as the case may be, air service operations; and

• (b) every employee must, when so required, continue, or resume without delay, as the case may be, the duties of their employment.

Marginal note:Prohibitions

22. It is prohibited for the employer and for any officer or representative of the employer to

• (a) in any manner impede any employee from complying with paragraph 21(b); or

• (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of the employee having been on strike before the coming into force of this Act.

Marginal note:Obligations

23. The union and each officer and representative of the union must

• (a) without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, air service operations are to be continued or resumed, as the case may be, and that the employees, when so required, are to continue, or resume without delay, as the case may be, the duties of their employment;

• (b) take all reasonable steps to ensure that employees comply with paragraph 21(b); and

• (c) refrain from any conduct that may encourage employees not to comply with paragraph 21(b).

Marginal note:Extension

• 24. (1) The term of the collective agreement is extended to include the period beginning on April 1, 2011 and ending on the day on which a new collective agreement between the employer and the union comes into effect.

• Marginal note:Collective agreement binding for extended term

  (2) Despite anything in the collective agreement or in Part I of the Canada Labour Code, the collective agreement, as extended by subsection (1), is effective and binding on the parties to it for the period for which it is extended. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement.